Building Regulations

People unfamiliar with the process involved in building a house extension or new family home can be confused about the difference between planning permission which is granted by the local planning authority (ie the local Council), and Building Regulation details and drawings that we provide to either the local authority’s Building Control department or to an ‘Approved Inspector’ working for a private organisation.

Building Regulations are minimum standards for design, construction and alterations to virtually every building, both domestic (residential) and commercial. They also include requirements to ensure that fuel and power is conserved and, for new build houses, facilities are provided for people, including those with disabilities, to access and move around inside buildings. Planning permission is concerned about external appearance including siting, size, use, context, access and compliance with the local plan and national planning policy. Building Regulations are developed by the government and approved by Parliament and are the same standard or specification throughout England. Whereas planning permission can be subjective, the decision as to whether or not the Building Regulations’ requirements are achieved is far more objective.

It makes sense to have a full set of architectural drawings drawn up for your new project and any necessary planning permission granted before you think about obtaining Building Control approval for the Building Regulation details provided by your architectural designer. This means that any fine-tuning required by the planning authority can be incorporated within the Building Regulations details and removes the need for subsequent amendments to the drawings.

All new houses and house extensions as well as new structural work or alterations to a residential property need to be completed in compliance with Building Regulations and require inspection and approval from Building Control. Some kinds of building projects such as a small detached garage of a usable floor space of less than 50m2 do not need to comply with the Building Regulations although electrical work will need to be carried out by a ‘Part P’ qualified electrician.

An outhouse or separate structure such as a garden office room or a detached garage/workshop that is likely to be used for occasional overnight sleeping would come under the jurisdiction of Building Control.

If your building work consists only of the installation of certain types of services or fittings (eg some types of drainage, fuel burning appliances, replacement windows, WCs, electrical installations and showers) you can employ an installer who is registered to self-certify the work as part of a ‘competent persons’ scheme. This means you will not need to separately apply for Building Regulations approval.

In general, the projects in which we are involved need to comply with Building Regulations and require inspections at key stages by a building inspector.

In summary, the following types of project amount to ‘building work’:

• The erection or extension of a building
• The installation or extension of a service or fitting which is controlled under the regulations
• An alteration project involving work which will temporarily or permanently affect the ongoing compliance of the building, service or fitting with the requirements relating to structure, fire, or access to and use of buildings
• The insertion of insulation into a cavity wall
• The underpinning of the foundations of a building
• Work affecting the thermal elements, energy status or energy performance of a building.

There is more information about Building Regulations on the Planning Portal here.

The Council’s Building Control department is local government. It provides a plans’ checking service that is unavailable from an Approved Inspector at an independent building control organisation. The approved set is presented to the builder with all details checked. The structural engineer’s calculations are also checked by the local authority’s own structural engineer whereas, if an Approved Inspector is used, the engineer’s calculations are presumed to be correct having been checked by the engineer themselves.

A builder choosing an Approved Inspector instead of the local authority’s Building Control will be building ‘on an Initial Notice’. They will be able to do this after the applicant and Approved Inspector jointly give notice to the local authority that construction is about to start. The builder will not have a set of approved drawings and other details to work to so will not have a full specification of the methods and materials that should be used to comply with the Building Regulation standards; he will rely on his own knowledge and previous experience.

We always recommend that Building Regulation drawings and details be prepared so they can be checked by the local authority’s Building Control department. This ensures that the builder has clear and approved instructions prior to the construction process commences and has a set of documents to refer to in the event of any uncertainty.

A builder using technical section drawings and Building Regulation notes supplied by Ecclesall Design and approved by the local authority Building Control inspector will have a full set of information to refer to in case of a query about a particular aspect of the construction process. The structural engineer’s calculations will also be approved by the Council’s own checking service thus allowing for the ordering of steel beams or the forming of structural openings within existing walls to take place with confidence.

If the builder is building ‘on a notice’ he will rely on his own knowledge and experience to construct the project to current Building Regulation standards.

Once construction commences the builder will notify the building inspector of required visits to site; the client would not usually be involved in this process.